Monetization and Advertising Controller DPA
Last Updated: January 10, 2019
Monetization and Advertising Controller Data Protection Addendum
GDPR Terms (Controller-Controller)
(This Addendum applies to the services identified in the main Terms of Service found at www.unity3d.com/legal. Parties subject to offline agreements may receive a version of these addenda for execution and incorporation to such offline agreement if such offline agreement does not include similar data protection language already.)
This Addendum is an integral part of the terms and conditions for Unity services, including but not limited to Unity’s primary Terms of Service, the Advertiser Terms of Service, and Monetization Terms of Service. This Addendum supersedes such terms of service in case of discrepancy. The Parties agree that this Addendum is designed to state the Parties' obligations resulting from the General Data Protection Regulation, and all local implementing legislation within the European Economic Area and, as necessary, to state the obligations of the Parties with respect to legislation of countries following similar regulatory rules to protect data to the extent such laws are subject to an adequacy finding under European laws.
2. Data Protection
Definitions: In this Clause, the following terms shall have the following meanings:
- "controller", "processor", "data subject", "personal data", "processing" (and "process") and "special categories of personal data" shall have the meanings given in Applicable Data Protection Law;
- “Customer” shall mean any party using Unity Services or software; a “Publisher” shall mean any distributor of software and services for whom Unity provides advertising services of such publisher’s software and services under a Publisher Agreement, and “Advertiser” shall mean any party placing advertisement inventory with Unity under its Advertiser Terms of Service (collectively “Customer”);
- “End User” shall mean customers of Unity’s Customers and/or viewers of Publishers’ content or Advertisers’ content
- "Applicable Data Protection Law" means any and all applicable privacy and data protection laws (including, where applicable, EU Data Protection Law) as may be amended or superseded from time to time;
- "EU Data Protection Law" means (i) prior to 25 May 2018, the EU Data Protection Directive (Directive 95/46/EC); (ii) on and after 25 May 2018, the EU General Data Protection Regulation (Regulation 2016/679); (iii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iv) any national data protection laws made under or pursuant to (i), (ii) or (iii).
Security: Each party shall implement appropriate technical and organisational measures to protect the Data (i) from accidental or unlawful destruction, and (ii) loss, alteration, unauthorised disclosure of, or access to the Data (a "Security Incident"). In the event that a party suffers a confirmed Security Incident, it shall notify the other party without undue delay and both parties shall cooperate in good faith to agree and action such measures as may be necessary to mitigate or remedy the effects of the Security Incident. Nothing herein prohibits either party with moving forward to notify regulatory authorities as may be required by law prior to notification of the other party so long as the notifying party provides notification to the other party without undue delay.
Treatment of Data Rights in Prior Agreements: Customers agree that this Addendum does not enlarge any rights provided for in their Terms of Service whether such rights are provided in online Terms of Service or in offline Agreements and they continue to be limited to the use rights and restrictions provided for therein. For clarity to the Advertiser Terms of Service, Advertisers agree that to the extent they require Unity to present data to a third party install tracker that they have such parties under a valid data processing agreement clearly directing the install tracker as to its usage instructions, duties, and liabilities for processing such data.
Survival: This Clause shall survive termination or expiry of any terms of service or other agreement to permit Unity to comply with its legal obligations. Upon termination or expiry of the Customer relationship, Unity may continue to process the Data for the Permitted Purpose provided that such processing complies with the requirements of this Clause and Applicable Data Protection Law.
Effect of this Addendum on other legal terms. This Addendum in no way alters the limitations of liability or other legal terms set out in any terms and conditions for service or any services agreement entered between the Parties.
3. Standard Contractual Clauses
To ensure that appropriate safeguards are afforded to personal data transferred by each party, the parties hereby incorporate the Standard Contractual Clauses for the transfer of personal data from the Community to third countries (controller to controller transfers) approved by the European Commission in decision 2004/915/EC in their entirety, subject to the following: (a) “data exporter” shall mean Customer and “data importer” shall mean Unity and (b) Annex B of the Standard Contractual Clauses shall be as set out below as Section 4 to this Data Protection Addendum
4. Annex B to the Standard Contractual Clauses
The personal data transferred concern the following categories of data subjects:
End users of mobile applications who view ads, in-app content, and play games as well as the employees of our partners and vendors who participate or service our ad network
Purpose of the transfer(s)
The transfer is made for the following purposes:
In order to enable Customer to Advertise, Monetize, or otherwise provide services as described in an agreement between Unity and Customer
To provide analytics and reporting
For Unity’s internal purposes, including billing and payment processing, fraud prevention, and improving products and services.
Categories of data
The personal data transferred concern the following categories of data:
End-user data, Advertiser ID or device IDs (e.g., IDFA, GAID, IP address)
Game play, In-app purchase, and device data, including device identifiers
Information related to the ad content or attribution data sent by Customer or Customer’s agent
Customer/Partner and Vendor Employee Personal Data: Names, email addresses, usernames, and telephone numbers of partner or vendor employees who access Unity’s ordering system to place advertisements, bid on the right to advertise to any End User, or any vendor employee who provides such information to Unity in performing services for Unity.
The personal data transferred may be disclosed only to the following recipients or categories of recipients:
Unity Affiliates, Unity Vendors (e.g. data storage), Ad Exchanges, Demand Side Platforms, Supply Side Platforms, Direct Marketing Platforms, Publishers, Advertisers, Ad Networks
Sensitive data (if appropriate)
The personal data transferred concern the following categories of sensitive data:
Contact points for data protection inquiries
Data importer: firstname.lastname@example.org
Data exporter: as specified by Customer or the contact information in the agreement.